The Veteran's claim for a rating in excess of 40 percent for his lumbar spine disability was denied. The current evaluation is 40 percent, effective January 5, 2006.
The deciding factor: The evidence did not meet the criteria for a higher rating under any applicable diagnostic code.
- Claimed conditions
- multilevel degenerative disc disease, lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 18, 2009
- Citation
- 0947935
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0947935.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Veteran's claims for higher ratings for his back disability and a TDIU rating are being remanded due to the need for additional development of records.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for his lumbar spine and bilateral lower extremity radiculopathy, as well as his claim for a TDIU due to service-connected disabilities. The claims are inextricably intertwined with each other.
- Whole decision: Remanded (sent back)
The Board has found that the Veteran's lumbar spine disability does not warrant a rating in excess of 20 percent, and his erectile dysfunction and gout do not warrant compensable ratings. The right knee condition is remanded for further review.
- Whole decision: Denied
The Board denied service connection for multilevel degenerative disc disease of the lumbar spine, neck condition, right knee disability, and residuals of a staph infection due to lack of evidence showing in-service injury or disease.,Service connection was not granted as there is no clear and unmistakable evidence that the conditions pre-existed service or were aggravated by military service.
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